Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (Text with EEA relevance)

Type Regulation

Publication 2024-05-03

State In force

Department Council of the European Union, European Parliament

Source EUR-Lex

articles 49

Where the information referred to in paragraph 2 of this Article is not made available to large companies as referred to in paragraph 1 of this Article by their suppliers upon request, they may carry out their risk assessment on the basis of the information published by the Commission pursuant to Article 20(4), or otherwise publicly available information, to the extent possible.

If significant vulnerabilities to supply disruptions are detected as a result of the risk assessment referred to in paragraph 2, large companies as referred to under paragraph 1 shall take efforts to mitigate those vulnerabilities, including by assessing the possibility to diversify its raw materials supply chains or to substitute the strategic raw materials.

Large companies as referred to in paragraph 1 may present a report to their board of directors containing the results of the risk assessment referred to in paragraph 2, including the source of the information on which the assessment is based, any significant risks detected as well as mitigation measures envisioned or implemented.

Member States may require large companies as referred to in paragraph 1 to present to their board of directors the report referred to in paragraph 5 and the requests for information referred to in paragraph 3.

Article 25

Joint purchasing

The Commission shall set up and operate a system to aggregate the demand of interested undertakings consuming strategic raw materials established in the Union and to seek offers from suppliers to match that aggregated demand. This shall cover both unprocessed and processed strategic raw materials.

Prior to setting up the system referred to in paragraph 1, the Commission shall, after consulting the Board, carry out an assessment of the expected impact of the system on the market for each strategic raw material with a view to avoid any disproportionate impact on competition in the internal market.

On the basis of the assessment referred to in paragraph 2, when setting up and operating the system referred to in paragraph 1, the Commission shall:

(a) choose for which strategic raw materials and at which processing stage the system can be used, taking into account the relative supply risk of different strategic raw materials;

(b) set minimum amounts of demanded strategic raw material to participate in the system, taking into account the expected number of interested participants and the need to ensure a manageable number of participants, while taking into account the needs of SMEs.

Participation in the system referred to in paragraph 3, point (b) shall be open and transparent to all interested undertakings established in the Union.

Union undertakings participating in the system referred to in paragraph 1 may, on a transparent basis, jointly negotiate the purchase, including the prices or other terms and conditions of the purchasing agreement or use joint purchasing in order to achieve better conditions with their suppliers or to prevent shortages. Participating Union undertakings shall comply with Union law, including Union competition law.

Entities shall be excluded from participating in demand aggregation and joint purchasing as well as from participating as suppliers or service providers if they are:

(a) targeted by Union restrictive measures adopted pursuant to Article 215 TFEU;

(b) directly or indirectly owned or controlled by, or acting on behalf or at the direction of natural or legal persons, entities or bodies targeted by such Union restrictive measures.

By way of derogation from Article 176 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council ([^E0008]), the Commission shall contract the necessary services of an entity established in the Union through a procurement procedure pursuant to that Regulation, acting as a service provider to set up and operate the system referred to in paragraph 1 of this Article. The service provider selected shall not have any conflict of interest.

The Commission shall define in the service contract the tasks to be provided by the service provider, including the allocation of demand, the allocation of access rights for supply, registration and verification of all participants, publication and reporting of the activities and any other task necessary to set up and operate the system referred to in paragraph 1. The service contract shall also deal with the practical arrangements relating to the operation of the service provider including the use of the IT tool, the security measures, the currency or currencies, the payment regime and liabilities.

The service contract with the service provider shall reserve to the Commission the right to monitor and audit it. To that end, the Commission shall have full access to the information held by the service provider in relation to the contract. All servers and information shall be physically located and stored in the territory of the Union.

10.

The service contract with the service provider shall determine the ownership of the information obtained by the service provider, and shall provide for the possible transfer of that information to the Commission at the termination or expiry of the service contract.

CHAPTER 5 SUSTAINABILITY

SECTION 1 Circularity

Article 26

National measures on circularity

Each Member State shall, by two years from the date of entry into force of the implementing act referred to in paragraph 7, adopt and implement, or include in, national programmes containing measures designed to:

(a) incentivise technological progress and resource efficiency in order to moderate the expected increase in Union consumption of critical raw materials;

(b) promote waste prevention and increase re-use and repair of products and components with relevant critical raw materials recovery potential;

(c) increase the collection, sorting and processing of waste with relevant critical raw materials recovery potential, including metal scraps, and ensure their introduction into the appropriate recycling system, with a view to maximising the availability and quality of recyclable material as an input to critical raw material recycling facilities;

(d) increase the use of secondary critical raw materials, including through measures such as taking recycled content into account in award criteria related to public procurement or financial incentives for the use of secondary critical raw materials;

(e) increase the technological maturity of recycling technologies for critical raw materials and promote circular design, materials efficiency and substitution of critical raw materials in products and applications, at least by including support actions to that effect under national research and innovation programmes;

(f) ensure that measures are in place to equip their workforce with the skills needed to support circularity of the critical raw materials value chain, including measures on upskilling and reskilling;

(g) where financial contributions are to be paid by the producer in accordance with its extended producer responsibility obligations under national law in accordance with Article 8(1) of Directive 2008/98/EC, promote the modulation of such financial contributions to incentivise a larger share of secondary critical raw materials recovered from waste, recycled in line with relevant Union environmental standards, to be contained in products;

(h) take necessary measures to ensure that critical raw materials that are exported after ceasing to be waste fulfil the relevant conditions in accordance with Directive 2008/98/EC and other relevant Union law;

(i) where relevant, support the use of Union quality standards for recycling processes of waste streams containing critical raw materials.

The programmes referred to in paragraph 1 of this Article may be integrated into new or existing waste management plans and waste prevention programmes adopted pursuant to Articles 28 and 29 of Directive 2008/98/EC.

The national programmes referred to in the first subparagraph shall be reviewed within five years of their adoption and updated if necessary.

The programmes referred to in paragraph 1 shall cover in particular products and waste which are not subject to any specific requirement on collection, treatment, recycling or re-use under Union law. For other products and waste, the measures shall be implemented in accordance with Union law.

With respect to paragraph 1, points (b), (c) and (d), the programmes referred to in those points may include, without prejudice to Articles 107 and 108 TFEU, the introduction of financial incentives, such as discounts, monetary rewards or deposit-refund systems, to encourage the preparation for re-use and re-use of products with relevant critical raw materials recovery potential, and the collection and treatment of waste from such products.

The national measures referred to in paragraphs 1 and 2 shall be designed with a view to avoiding barriers to trade and distortions of competition in conformity with the TFEU.

Member States shall identify separately, and report, the quantities of components containing relevant amounts of critical raw materials removed from waste electrical and electronic equipment and the quantities of critical raw materials recovered from such equipment.

The Commission shall adopt implementing acts specifying the format and details of such reporting. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(3).

The first reporting period shall cover the first full calendar year after the adoption of those implementing acts. Member States shall submit that data when reporting to the Commission the data concerning the quantities of waste electrical and electronic equipment recycled pursuant to Article 16(6) of Directive 2012/19/EU.

Member States shall, in their reports submitted pursuant to Article 45, provide information on the adoption of the national programmes referred to in paragraph 1 of this Article and on progress in the effective implementation of the measures taken pursuant to paragraphs 1 and 2 of this Article.

By 24 May 2025, the Commission shall adopt implementing acts specifying a list of products, components and waste streams that shall at least be considered as having a relevant critical raw materials recovery potential within the meaning of paragraph 1, points (b) and (c).

In drawing up that list, the Commission shall take account of:

(a) the total amount of critical raw materials recoverable from those products, components and waste streams;

(b) the extent to which those products, components and waste streams are covered by Union law;

(d) particular challenges affecting the collection and waste treatment of products, components and waste streams;

(e) existing systems of collection and waste treatment applying to products, components and waste streams.

The implementing acts referred to in the first subparagraph of this paragraph shall be adopted in accordance with the examination procedure referred to in Article 39(3).

Article 27

Recovery of critical raw materials from extractive waste

Operators obliged to draw up waste management plans in accordance with Article 5 of Directive 2006/21/EC shall provide to the competent authority as defined in Article 3, point (27), of that Directive a preliminary economic assessment study regarding the potential recovery of critical raw materials, from:

(a) the extractive waste stored in the facility; and

(b) the extractive waste being generated or, where considered more effective, from the extracted volume prior to it becoming waste.

Operators shall be exempt from the obligation laid down in the first subparagraph of this paragraph where they can demonstrate to the competent authority as defined in Article 3, point (27), of Directive 2006/21/EC, with a high degree of certainty, that the extractive waste does not contain critical raw materials that are technically recoverable.

The study referred to in paragraph 1 shall at least include an estimation of the quantities and concentrations of critical raw materials contained in the extractive waste and in the extracted volume and an assessment of their technical and economic recoverability. Operators shall specify the methods used to estimate those quantities and concentrations.

By 24 November 2026, operators of extractive waste facilities shall submit the study referred to in paragraph 1 of this Article to the competent authority as defined in Article 3, point (27), of Directive 2006/21/EC. Operators of new extractive waste facilities shall submit that study to the competent authority as defined in Article 3, point (27), of Directive 2006/21/EC when submitting their waste management plans in accordance with Article 7 of that Directive.

Member States shall establish a database of the closed extractive waste facilities located on their territory, including abandoned extractive waste facilities, except for closed extractive waste facilities where the particular characteristics of the waste sites or geological conditions make the presence of potentially technically recoverable quantities of critical raw materials unlikely. That database shall contain information on:

(a) the location, areal extent and waste volume, or where appropriate, the estimated volume, of the extractive waste facility;

(b) the operator or former operator of the extractive waste facility and, where applicable, their legal successor;

(c) the approximate quantities and concentrations of all raw materials contained in the extractive waste and, where available, in the original mineral deposit, in accordance with paragraph 7;

(d) any additional information considered relevant by the Member State to enable the recovery of critical raw materials from the extractive waste facility.

By 24 November 2027, Member States shall adopt and implement measures to promote the recovery of critical raw materials from extractive waste, in particular from closed extractive waste facilities identified in the database referred to in paragraph 4 as containing potentially economically recoverable critical raw materials.

The database referred to in paragraph 4 shall be put in place by 24 November 2025 and all the information shall be introduced in that database by 24 May 2027. It shall be made available in a publicly accessible and digital form and updated at least every three years to incorporate additional available information and newly closed or newly identified facilities.

In order to provide the information referred to in paragraph 4, point (c), Member States shall carry out at least the following activities:

(a) for closed extractive waste facilities, Member States shall, by 24 November 2025, comprehensively review the available permitting files, or other available documentation when permitting files do not exist;

(b) for such extractive waste facilities where available information could indicate the presence of potentially economically recoverable quantities of critical raw materials, Member States shall, by 24 May 2026, also conduct representative geochemical sampling;

(c) for such extractive waste facilities where the activities described under points (a) and (b) of this paragraph have indicated potentially economically recoverable quantities of critical raw materials, Member States shall, by 24 March 2027, also carry out a more detailed sampling with subsequent chemical and mineralogical characterisation involving core logging or equivalent techniques, where this is environmentally sound in accordance with applicable environmental requirements at Union level and with the requirements of Directive 2006/21/EC where relevant.

The activities referred to in paragraph 7 shall be carried out within the limits of national legal systems pertaining to mineral resources, waste, property rights, land ownership, environmental and health impacts and any other relevant provisions. Where such factors inhibit the activities, the Member State authorities shall seek the cooperation of the operator or owner of the extractive waste facility. The results of the activities referred to in paragraph 7 shall be made accessible as part of the database referred to in paragraph 4. Where possible, the Member States shall include in the database a classification of the closed extractive waste facilities according to the United Nations Framework Classification for Resources.

Article 28

Recyclability of permanent magnets

From two years after the date of entry into force of the implementing act referred to in paragraph 2, any natural or legal person that places on the market magnetic resonance imaging devices, wind energy generators, industrial robots, motor vehicles, light means of transport, cooling generators, heat pumps, electric motors, including where electric motors are integrated in other products, automatic washing machines, tumble driers, microwaves, vacuum cleaners or dishwashers shall ensure that those products bear a conspicuous, clearly legible and indelible label indicating:

(a) whether those products incorporate one or more permanent magnets;

(b) if the product incorporates one or more permanent magnets, whether those permanent magnets belong to any of the following types:
(i) neodymium-iron-boron;
(ii) samarium-cobalt;
(iii) aluminium-nickel-cobalt;
(iv) ferrite.

By 24 November 2025, the Commission shall adopt an implementing act establishing the format for the labelling referred to in paragraph 1 of this Article. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 39(3).

From two years after the date of entry into force of the implementing act referred to in paragraph 2, any natural or legal person that places on the market products referred to in paragraph 1 incorporating one or more permanent magnets of the types referred in paragraph 1, point (b) shall ensure that a data carrier is present on or in the product.

The data carrier referred to in paragraph 3 shall be linked to a unique product identifier that provides access to the following:

(a) the name, registered trade name or registered trademark and the postal address of the natural or legal person responsible and, where available, electronic means of communication where they can be contacted;

(b) information on the weight, location and chemical composition of all individual permanent magnets included in the product, and on the presence and type of magnet coatings, glues and any additives used;

(c) information enabling access and safe removal of all permanent magnets incorporated in the product, at least including the sequence of all removal steps, tools or technologies required for the access and removal of the permanent magnet, without prejudice to the provision of information to treatment facilities pursuant to Article 15(1) of Directive 2012/19/EU.

For products where the incorporated permanent magnets are exclusively contained in one or more electric motors incorporated in the product, the information referred to in paragraph 4, point (b), may be replaced by information on the location of those electric motors, and the information referred to in paragraph 4, point (c), may be replaced by information on the access and removal of the electric motors, at least including the sequence of all removal steps, tools or technologies required for the access and removal of the electric motors.

For products referred to in paragraph 3 for which a product passport is required pursuant to another Union legal act, the information referred to in paragraph 4 shall be included in that product passport.

The natural or legal person placing a product referred to in paragraph 3 on the market shall ensure that information referred to in paragraph 4 is complete, up-to-date, and accurate and remains available for a period at least equal to the product’s typical lifetime plus 10 years, including after an insolvency, a liquidation or a cessation of activity in the Union of the natural or legal person responsible. That person may authorise another natural or legal person to act on their behalf.

The information referred to in paragraph 4 shall refer to the product model or, where the information differs between units of the same model, to a particular batch or unit. The information referred to in paragraph 4 shall be accessible to repairers, recyclers, market surveillance authorities and customs authorities.

Where information requirements relating to the recycling of permanent magnets are established in Union harmonisation legislation for any of the products listed in paragraph 1, those requirements shall apply to the products concerned in place of this Article.

Products primarily designed for defence or space applications shall be exempt from the requirements laid down in this Article.

10.

From 24 May 2029, this Article shall apply to magnetic resonance imaging devices, motor vehicles and light means of transport that are type-approved vehicles of category L.

11.

This Article shall not apply to:

(a) special purpose vehicles as defined in Article 3, point (31), of Regulation (EU) 2018/858;

(b) parts of a vehicle, other than the base vehicle, that have been type-approved in multi-stage type approval of category N1, N2, N3, M2 or M3;

12.

The Commission is empowered to adopt a delegated act in accordance with Article 38 to supplement this Regulation by providing a list of Combined Nomenclature codes in accordance with Annex I to Council Regulation (EEC) No 2658/87 ([^E0009]) and product descriptions corresponding to the products referred to in paragraph 1 of this Article with the aim of facilitating the work of customs authorities in relation to those products and the requirements set out in this Article and in Article 29.

Article 29

Recycled content of permanent magnets

By 24 May 2027 or two years from the entry into force of the delegated act referred to in paragraph 2, whichever is later, any natural or legal person that places on the market products referred to in Article 28(1) which incorporate one or more permanent magnets referred to in Article 28(1), point (b), (i), (ii) and (iii), and for which the total weight of all such permanent magnets exceeds 0,2 kg shall make publicly available on a free-access website the share of neodymium, dysprosium, praseodymium, terbium, boron, samarium, nickel and cobalt recovered from post-consumer waste present in the permanent magnets incorporated in the product.

By 24 May 2026, the Commission shall adopt a delegated act in accordance with Article 38 to supplement this Regulation by establishing rules for the calculation and verification of the share of neodymium, dysprosium, praseodymium, terbium, boron, samarium, nickel and cobalt recovered from post-consumer waste present in the permanent magnets incorporated in the products referred to in paragraph 1 of this Article.

The calculation and verification rules shall specify the applicable conformity assessment procedure from among the modules set out in Annex II to Decision No 768/2008/EC of the European Parliament and of the Council ([^E0010]), with the adaptations necessary in view of the products concerned. When specifying the applicable conformity assessment procedure, the Commission shall consider the following criteria:

(a) whether the module concerned is appropriate to the type of product and proportionate to the public interest pursued;

(b) the nature of the risks entailed by the product and the extent to which conformity assessment corresponds to the type and degree of risk;

(c) where third party involvement is mandatory, the need for the manufacturer to have a choice between quality assurance and product certification modules set out in Annex II to Decision No 768/2008/EC.

After the entry into force of the delegated act adopted pursuant to paragraph 2, and in any event by 31 December 2031, the Commission shall adopt delegated acts supplementing this Regulation by laying down minimum shares for neodymium, dysprosium, praseodymium, terbium, boron, samarium, nickel and cobalt recovered from post-consumer waste that must be present in the permanent magnet incorporated in the products referred to in paragraph 1.

The delegated acts referred to in the first subparagraph may apply different minimum shares to different products and may exclude certain products. They shall provide for transitional periods adjusted to the difficulty of adapting the products covered by the measure to ensure compliance.

The minimum share referred to in the first subparagraph shall be based on a prior assessment of impacts, taking into account:

(a) the existing and forecasted availability of neodymium, dysprosium, praseodymium, terbium, boron, samarium, nickel and cobalt recovered from post-consumer waste;

(b) the information collated pursuant to paragraph 1 and the relative distribution of the share of recycled content in permanent magnets incorporated in products referred to in paragraph 1 placed on the market;

(c) technical and scientific progress, including considerable changes in permanent magnet technologies impacting the type of materials recovered;

(d) the effective and potential contribution of a minimum share to the Union’s climate and environmental objectives;

(e) possible impacts on the functioning of products incorporating permanent magnets;

(f) the need to prevent disproportionate negative impacts on the affordability of permanent magnets and products incorporating permanent magnets.

Where requirements relating to the recycled content of permanent magnets are established in Union harmonisation legislation for any of the products listed in paragraph 1, those requirements shall apply to the products concerned in place of this Article.

From the date of application of the requirement set out in paragraph 1, when offering the products referred to in paragraph 1 for sale, including in the case of distance selling, or displaying them in the course of a commercial activity, natural and legal persons placing on the market products referred to in paragraph 1 shall ensure that their customers have access to the information referred to in paragraph 1 before being bound by a sales contract.

Natural and legal persons placing on the market products referred to in paragraph 1 shall not provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information referred to in paragraph 1. Products primarily designed for defence or space applications shall be exempt from the requirements laid down in this Article.

For magnetic resonance imaging devices, motor vehicles and light means of transport that are type-approved vehicles of category L, the requirements set out in paragraphs 1 and 5 shall apply from five years after the date of entry into force of the delegated act referred to in paragraph 2.

This Article shall not apply to:

(a) special purpose vehicles as defined in Article 3, point (31), of Regulation (EU) 2018/858;

(b) parts of a vehicle, other than the base vehicle, that have been type-approved in multi-stage type approval of category N1, N2, N3, M2 or M3;

SECTION 2 Certification and environmental footprint

Article 30

Recognised schemes

Governments, industry associations and groupings of interested organisations that have developed and oversee certification schemes related to the sustainability of critical raw materials (scheme owners) may apply to have their schemes recognised by the Commission.

Applications referred in the first subparagraph of this paragraph shall contain any relevant evidence related to the fulfilment of the criteria laid down in Annex IV.

By 24 May 2027, the Commission shall adopt implementing acts specifying a single template to be used by scheme owners to provide the minimum information that applications referred to in the first subparagraph of this paragraph are to contain. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(3).

The extent of documentation required to complete the single template referred to in the third subparagraph shall be reasonable.

Where, on the basis of the evidence provided pursuant to the paragraph 1 of this Article, the Commission determines that a certification scheme meets the criteria laid down in Annex IV, or a subset thereof, it shall adopt implementing acts recognising that scheme and specifying the recognised coverage of the scheme. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(3).

The recognised coverage for each scheme shall be specified along the following dimensions:

(a) the stages of the raw materials value chain covered by the scheme;

(b) the stages of the life-cycle of a project, including before, during and after closure, that are covered by the scheme; and

(c) the sustainability dimensions and environmental risk categories listed in Annex IV, point (2) that are addressed by the scheme.

The requirements laid down in Annex IV, point 1(a) to (d) shall be a prerequisite for any recognition of the scheme.

The Commission shall verify, at least every three years from the date of application of any implementing act adopted pursuant to paragraph 2, that the scheme continues to fulfil the criteria laid down in Annex IV, or a recognised subset of those criteria.

Owners of recognised schemes shall inform the Commission without delay of any changes or updates related to the fulfilment of the criteria laid down in Annex IV, or of a recognised subset of those criteria, made to those schemes. The Commission shall assess whether such changes or updates affect the basis for the recognition and take appropriate action.

If there is evidence of repeated or significant cases where economic operators implementing a recognised scheme have failed to fulfil the requirements of that scheme, the Commission shall examine, in consultation with the owner of the recognised scheme, whether those cases indicate deficiencies in the scheme affecting the basis for the recognition and take appropriate action.

Where the Commission identifies deficiencies in a recognised scheme affecting the basis for the recognition, it may grant the scheme owner an appropriate period, of not longer than 12 months, within which to take remedial action.

Where the scheme owner fails or refuses to take the necessary remedial action and where the Commission has determined that the deficiencies referred to in paragraph 6 of this Article mean that the scheme no longer fulfils the criteria laid down in Annex IV, or of the recognised subset of those criteria, the Commission shall withdraw the recognition of the scheme by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(3).

The Commission shall establish and keep up-to-date a register of recognised schemes. That register shall be made publicly available on a free-access website. That website shall also allow for the collation of feedback from all relevant stakeholders concerning the implementation of recognised schemes. Such feedback shall be submitted to the relevant scheme owners for consideration.

Article 31

Environmental footprint declaration

Taking into account the result of the report referred to in paragraph 2 of this Article and of the assessment of necessity and proportionality for the purposes of paragraph 3 of this Article, the Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement this Regulation to establish rules for the calculation and verification of the environmental footprint of different critical raw materials, in accordance with Annex V and taking into account scientifically sound assessment methods and relevant international standards. The calculation and verification rules shall identify at least the three most relevant environmental impact categories accounting for the majority of the overall environmental footprint. One of the environmental impact categories shall be greenhouse gas emissions. The footprint declaration shall be limited to those environmental impact categories.

The Commission shall by 24 November 2025 submit a report to the European Parliament and to the Council setting out which critical raw materials are to be prioritised for assessing whether the obligation to declare the environmental footprint of a critical raw material is necessary and proportionate.

For the critical raw materials that the Commission has identified as a priority, the Commission shall present the conclusions of the assessment of necessity and proportionality for the purposes of paragraph 3 by 12 months from submission of the report referred to in the first subparagraph of this paragraph.

The Commission shall adopt calculation and verification rules for a specific critical raw material if it has concluded, having considered the various relevant environmental impact categories, that the critical raw material concerned has a significant environmental footprint and that therefore an obligation to declare the environmental footprint of that critical raw material regarding the environmental impact categories referred to in paragraph 1, when placing it on the market, is necessary and proportionate to contribute to the Union’s climate and environmental objectives by facilitating the supply of critical raw materials with lower environmental footprint.

When considering whether the obligation provided for in paragraph 6 of this Article is necessary, the Commission shall take into account:

(a) whether and how as well as how effectively the Union’s climate and environmental objectives are already being achieved through other Union legal acts applicable to the critical raw material concerned;

(b) the existence and uptake of relevant international standards and guidelines, or the prospects of agreeing on such standards at international level, as well as sustainable practices on the market, including the voluntary schemes recognised pursuant to Article 30(2);

(c) the effectiveness of Strategic Partnerships, Strategic Projects, trade agreements and other international instruments and outreach conducted by the Union in achieving the Union’s climate and environmental objectives;

(d) the associated economic costs and administrative burden for economic operators.

The Commission shall conduct a prior assessment of impacts in order to decide whether to adopt a delegated act pursuant to paragraph 1. That assessment shall:

(a) be based, inter alia, on a consultation of:
(i) all relevant stakeholders, such as industry including downstream industry, SMEs, and, where relevant, the craft industry, social partners, traders, retailers, importers, organisations promoting human health and environmental protection, consumer organisations and academia;
(ii) third countries, or OCTs, whose trade with the Union may be significantly affected by this obligation;
(iii) the Board;
(iv) Union agencies with competence in the field of environmental protection, as appropriate;

(b) ensure that any such measure is not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade and is no more trade-restrictive than necessary to achieve the Union’s climate and environmental objectives, having regard to the ability of third-country suppliers to comply with such a declaration such that aggregate trade flows and critical raw materials costs are not disproportionately affected;

(c) assess whether similar obligations under Union law have produced the intended effects and significantly contributed to the achievement of the Union’s environmental targets;

(d) assess whether the measure would contribute to achieving the Union’s climate and environmental objectives without disproportionately impacting the ability of Union industry to source the critical raw material concerned.

Any natural or legal person that places on the market critical raw materials, including processed and recycled, for which the Commission has adopted calculation and verification rules pursuant to paragraph 1 shall make available an environmental footprint declaration.

The requirement set out in the first subparagraph shall apply to each individual critical raw material type placed on the market and shall not apply to critical raw materials included in intermediate or final products.

The environmental footprint declaration referred to in paragraph 6 shall contain the following information:

(a) the name, registered trade name or registered trademark and the postal address of the natural or legal person responsible and electronic means of communication where they can be contacted;

(b) information about the critical raw material type for which the declaration applies;

(c) information about the country and region where the critical raw material was extracted, processed, refined and recycled, as applicable;

(d) the environmental footprint of the critical raw material, calculated in accordance with the applicable verification and calculation rules adopted pursuant to paragraph 1;

(e) the environmental footprint performance class that the critical raw material corresponds to, established in accordance with the applicable delegated act adopted pursuant to paragraph 8;

(f) a web link providing access to a public version of the study supporting the environmental footprint declaration results.

The Commission shall adopt delegated acts in accordance with Article 38 to supplement this Regulation by establishing environmental footprint performance classes within a reasonable timeframe for critical raw materials for which calculation and verification rules have been adopted pursuant to paragraph 1 of this Article, in accordance with Annex V.

The Commission shall, when setting calculation rules for the environmental footprint of intermediate and final products containing critical raw materials, require, where possible, the use of the environmental footprint calculation rules referred to in this Article.

10.

The environmental footprint declaration shall be made available on a free-access website and shall be easily understandable.

The Commission may adopt implementing acts establishing the format for the environmental footprint declaration referred to in paragraph 6 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(3).

11.

When offering critical raw materials for sale, including in the case of distance selling, or displaying them in the course of a commercial activity, natural and legal persons placing on the market critical raw materials shall ensure that their customers have access to the environmental footprint declaration before being bound by a sales contract.

Natural and legal persons placing on the market critical raw materials shall not provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information included in the environmental footprint declaration.

SECTION 3 Free movement, conformity and market surveillance

Article 32

Free movement

Member States shall not, for reasons relating to information for recycling or recycled content of permanent magnets or for reasons relating to information on the environmental footprint of critical raw material covered by this Regulation, prohibit, restrict or impede the making available on the market or the putting into service of products incorporating permanent magnets or of critical raw materials that comply with this Regulation.

At trade fairs, exhibitions, demonstrations or similar events, Member States shall not prevent the showing of products incorporating permanent magnets or of critical raw materials which do not comply with this Regulation, provided that a visible sign clearly indicates that such products or critical raw materials do not comply with this Regulation and that they cannot be made available on the market until they have been brought into conformity with it.

Article 33

Conformity and market surveillance

Before placing a product covered by Article 28 or 29 on the market, the natural or legal persons responsible shall ensure that the applicable conformity assessment procedure has been carried out and that the required technical documentation has been drawn up. Where compliance of a product with the applicable requirements has been demonstrated by the conformity assessment procedure, the natural or legal persons responsible shall ensure that an EU declaration of conformity has been drawn up and the CE marking has been affixed.

The conformity assessment procedure for products covered by the requirements set out in Article 28 of this Regulation shall be the procedure set out in Annex IV to Directive 2009/125/EC, unless those products are also covered by the requirements set out in Article 29 of this Regulation, in which case the conformity assessment procedure shall be the procedure set out in the calculation and verification rules adopted pursuant to Article 29(2) of this Regulation.

This Article shall not apply to products covered by type approval pursuant to Regulation (EU) 2018/858 or (EU) No 168/2013.

Article 34

Implementation and alignment with Union harmonisation legislation

The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement Articles 28, 29, 31 and 33 in order to:

(a) establish requirements for the technical design and operation of the data carrier and unique product identifier referred to in Article 28(3) and (4);

(b) refer to technical standards to be used in relation to the data carrier and unique product identifier referred to in Article 28(3) and (4);

(c) establish rules for the inclusion of the unique product identifier referred to in Article 28(4) in registries relevant for market surveillance and customs controls;

(d) establish requirements related to customs controls related to the data carrier and unique product identifier referred to in Article 28(3) and (4);

(e) establish procedures for dealing with products presenting a risk at national level or formal non-compliance, as well as related safeguard procedures where objections are raised against the market surveillance measures taken;

(f) establish requirements related to the EU declaration of conformity and general principles and rules and conditions for affixing CE marking.

Those delegated acts shall refer to or ensure alignment with other Union harmonisation legislation, in particular Directive 2009/125/EC, and shall take into account the need to limit the administrative burden while ensuring the effective implementation of Articles 28, 29 and 31 of this Regulation.

CHAPTER 6 GOVERNANCE

Article 35

European Critical Raw Materials Board

The European Critical Raw Materials Board (the ‘Board’) is hereby established.

The Board shall provide advice to the Commission and shall carry out the tasks set out in this Regulation.

Article 36

Composition and functioning of the Board

The Board shall be composed of representatives from all Member States and the Commission. It shall be chaired by a representative of the Commission (the ‘Chair’).

Each Member State shall appoint a high-level representative to the Board. Where relevant as regards the function and expertise, a Member State may appoint different representatives in relation to different tasks of the Board. Each representative appointed to the Board shall have an alternate. Only Member States shall have voting rights. Each Member State shall have only one vote regardless of the number of its representatives.

The Chair shall invite representatives of the European Parliament to attend, as observers, the meetings of the Board including the meetings of the standing or temporary subgroups referred to in paragraph 8.

Where appropriate, the Chair may invite representatives of industry, especially SMEs, civil society, academia, trade unions, local or regional authorities, third countries, OCTs, as well as of the European Defence Agency, the European Chemical Agency, the European Environmental Agency and the European External Action Service to attend meetings of the Board or its standing or temporary subgroups referred to in paragraph 8 as observers or to provide written contributions. Observers shall not participate in the formulation of advice of the Board and its subgroups.

At its first meeting, the Board shall, on a proposal by the Commission, adopt its rules of procedure by a simple majority of its members.

The Board shall meet at regular intervals in order to allow the effective performance of its tasks provided for in this Regulation. Where necessary, the Board shall meet on the basis of a reasoned request by the Commission or by a Member State justifying a particular interest with regard to a Strategic Project on its territory warranting an additional meeting.

The Board shall meet at least as follows:

(a) every three months for the assessment of applications for Strategic Projects pursuant to Chapter 3, Section 2;

(b) every six months for the development of monitoring pursuant to Chapter 4;

(c) once a year in order to discuss the progress of the implementation of Member State obligations related to exploration set out in Chapter 3, Section 5, including in light of updates to the lists of strategic or critical raw materials.

The Commission shall coordinate the work of the Board by means of an executive secretariat that provides technical and logistical support.

The Board shall carry out the following:

(a) periodically discuss the implementation of Article 9 and share best practices for the purpose of accelerating the permitting procedure for critical raw material projects, as well as to improve the public participation and consultation in those projects;

(b) where relevant, propose to the Commission guidelines for the implementation of Article 9(1) to be taken into account by the single points of contact;

(c) periodically discuss the implementation of Strategic Projects and, where necessary, measures that could be taken by the project promoter or the Member State whose territory is concerned by a Strategic Project to further facilitate the implementation of those Strategic Projects pursuant to Article 15;

(d) provide advice to the Commission on the assessment of the set up of the joint purchasing system pursuant to Article 25;

(e) facilitate the exchange of best practices among Member States with the purpose of improving their national programmes pursuant to Article 26.

The Board may establish standing or temporary subgroups to deal with specific questions and tasks.

The Board shall establish at least the following standing subgroups:

(a) a subgroup to discuss and coordinate financing for Strategic Projects in accordance with Article 16, to which representatives of national promotional banks and institutions, export credit agencies, the European development financial institutions, the European Investment Bank Group, other international financial institutions including the European Bank for Reconstruction and Development and, as appropriate, private financial institutions are to be invited as observers;

(b) a subgroup to discuss and exchange views on measures to increase public knowledge on the critical raw materials supply chain and share best practices concerning public participation and stakeholders involvement in critical raw materials projects, to which representatives of civil society organisations are to be regularly invited as observers;

(c) a subgroup bringing together national or, where relevant, regional geological institutes or surveys or, in the absence of such institute or survey, the relevant national authority in charge of general exploration, with the purpose of contributing to the coordination of national exploration programmes drawn up pursuant to Article 19;

(d) a subgroup to discuss and exchange views on measures to promote circularity, resource efficiency and substitution of critical raw materials;

(e) a subgroup bringing together national supply and information agencies covering critical raw materials or, in the absence of such agency, the relevant national authority in charge of that matter, with the purpose of contributing to the Commission’s monitoring and stress testing pursuant to Article 20;

(f) a subgroup bringing together national emergency agency and national authorities responsible for strategic stocks or, in the absence of such agency and authority, the relevant national authority in charge of that matter, with the purpose of contributing to the coordination of strategic stocks as set out in Article 23.

In carrying out its tasks, the Board shall, where appropriate, ensure coordination, cooperation and information exchange with the relevant crisis response and crisis preparedness structures established under Union law.

The Board shall take the necessary measures to ensure the safe handling and processing of confidential and commercially sensitive information in accordance with Article 46.

10.

The Board shall use its best endeavours to take decisions by means of consensus.

Article 37

International cooperation and Strategic Partnerships

The Board shall periodically discuss:

(a) the extent to which Strategic Partnerships concluded by the Union contribute towards:
(i) improving the Union’s security of supply including the benchmarks set in Article 5(1), point (b);
(ii) improving cooperation along the critical raw materials value chain between the Union and partner countries, including capacity building and technology transfer programs to promote circularity and responsible recycling of critical raw materials in producing countries;
(iii) the economic and social development of partner countries, including by promoting sustainable and circular economy practices, decent working conditions and respect for human rights along their raw material value chains;

(b) the consistency of and potential synergies between Member States’ bilateral cooperation with relevant third countries and the actions carried out by the Union in the context of Strategic Partnerships;

(c) which third countries could be prioritised for the conclusion of Strategic Partnerships, taking into account the following criteria:
(i) the potential contribution to security of supply as well as resilience thereof, taking into account a third country’s potential reserves, extraction, processing and recycling capacities related to critical raw materials;
(ii) whether a cooperation between the Union and a third country could improve a third country’s ability to ensure the monitoring, prevention and minimisation of adverse environmental impacts through its regulatory framework and the implementation thereof, the use of socially responsible practices including respect for human and labour rights, in particular on forced and child labour, meaningful engagement with local communities, including indigenous peoples, the use of transparent and responsible business practices, the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
(iii) whether there are existing cooperation agreements between the Union and a third country and, for emerging markets and developing economies, the potential for the deployment of Global Gateway investment projects, including with a view to facilitating investment in Strategic Projects;
(iv) for emerging markets and developing economies, whether and how a partnership could contribute to local value addition, including downstream activities, and would be mutually beneficial to the Union and the partner country;

(d) advise the Commission on how to ensure that the Strategic Partnerships referred to in this paragraph are consistent with the Union’s policies on emerging markets and developing economies.

The Board’s discussions pursuant to paragraph 1 shall be without prejudice to the prerogatives of the Council in accordance with the Treaties.

Member States:

(a) shall inform the Commission about their bilateral cooperation with relevant third countries, when its scope includes critical raw materials value chain;

(b) may support the Commission in the implementation of the cooperation measures set out in Strategic Partnerships along the raw materials value chain.

Once a year, the Commission shall inform the European Parliament and the Council about the content and outcome of the Board’s discussions pursuant to paragraph 1.

CHAPTER 7 DELEGATED POWERS AND COMMITTEE PROCEDURE

Article 38

Exercise of the delegation

The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

The power to adopt delegated acts referred to in Article 3(2), Article 4(2), Article 5(3), Article 6(2), Article 28(12), Article 29(2) and (3), Article 31(1) and (8) and Article 34(1) shall be conferred on the Commission for a period of eight years from 24 June 2024. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the eight year period. The delegation of power shall be tacitly extended for periods of an identical duration unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

The delegation of power referred to in Article 3(2), Article 4(2), Article 5(3), Article 6(2), Article 28(12), Article 29(2) and (3), Article 31(1) and (8) and Article 34(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

A delegated act adopted pursuant to Article 3(2), Article 4(2), Article 5(3), Article 6(2), Article 28(12), Article 29(2) or (3), Article 31(1) or (8) or Article 34(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.

Article 39

Committee procedure

The Commission shall be assisted by a Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

CHAPTER 8 AMENDMENTS

Article 40

Amendment to Regulation (EU) No 168/2013

In Section C1 of the table in Annex II to Regulation (EU) No 168/2013, the following entry is added:


‘15a	18	permanent magnet circularity requirements	Regulation (EU) 2024/1252 of the European Parliament and of the Council [^E0011]	X	X	X	X	X	X	X	X	X	X	X	X	X	X

Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L, 2024/1252, 3.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1252/oj).’.

Article 41

Amendment to Regulation (EU) 2018/858

In Section G, ‘Environmental Performance and Emissions’, of the table in Part I of Annex II to Regulation (EU) 2018/858, the following entry is added:


‘G 15	Permanent magnet circularity requirements	Regulation (EU) 2024/1252 of the European Parliament and of the Council [^E0012]	X	X	X	X	X	X					X	X

Article 42

Amendments to Regulation (EU) 2018/1724

Regulation (EU) 2018/1724 is amended as follows:

(1) in Annex I, the following row is added: ‘AJ. Critical raw materials projects

the single points of contact established or designated pursuant to Article 9(1) of Regulation (EU) 2024/1252 of the European Parliament and of the Council [^E0013]

information on the permit-granting process

information on financing and investment services

information on funding possibilities at Union or Member State level

information on business support services, including but not limited to corporate tax declaration, local tax laws or labour law

(^*1) Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L, 2024/1252, 3.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1252/oj).’;

(2) in Annex II, the following row is added: ‘Critical raw materials projects Procedure related to all relevant permits to build and operate critical raw materials projects, including building, chemical and grid connection permits and environmental assessments and authorisations where these are required, and encompassing all applications and procedures from the acknowledgment that the application is complete to the notification of the comprehensive decision on the outcome of the procedure by the single point of contact concerned pursuant to Article 9 of Regulation (EU) 2024/1252. All outputs pertaining to the procedures ranging from the acknowledgment of the completeness of the application to the notification of the comprehensive decision on the outcome of the procedure by the single point of contact concerned pursuant to Article 9 of Regulation (EU) 2024/1252.’;

(3) in Annex III, the following point is added:
‘(9) The single point of contact concerned pursuant to Article 9 of Regulation (EU) 2024/1252.’.

Article 43

Amendments to Regulation (EU) 2019/1020

Regulation (EU) 2019/1020 is amended as follows:

(1) in Article 4, paragraph 5 is replaced by the following: “5. This Article applies only in relation to products that are subject to Regulations (EU) No 305/2011 ([^E0014]), (EU) 2016/425 ([^E0015]), (EU) 2016/426 ([^E0016]), (EU) 2023/1542 ([^E0017]) and (EU) 2024/1252 ([^E0018]) and Directives 2000/14/EC ([^E0019]), 2006/42/EC ([^E0020]), 2009/48/EC ([^E0021]), 2009/125/EC ([^E0022]), 2011/65/EU ([^E0023]), 2013/29/EU ([^E0024]), 2013/53/EU ([^E0025]), 2014/29/EU ([^E0026]), 2014/30/EU ([^E0027]) , 2014/31/EU ([^E0028]), 2014/32/EU ([^E0029]), 2014/34/EU ([^E0030]), 2014/35/EU ([^E0031]), 2014/53/EU ([^E0032]) and 2014/68/EU ([^E0033]) of the European Parliament and of the Council.

(2) in Annex I, the following point is added: ‘71.Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L, 2024/1252, 3.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1252/oj), in so far as it concerns the requirements set out in Article 28, 29 or 31 of that Regulation.’.

CHAPTER 9 FINAL PROVISIONS

Article 44

Monitoring progress

By 24 November 2025, the Commission shall submit a report, including indicative projections of the annual consumption of each critical raw material in 2030, 2040 and 2050, including a low, a high and a reference projection, as well as indicative benchmarks for extraction and processing per strategic raw material, with a view to meeting the benchmarks set in Article 5(1), point (a), for 2030.

By 24 May 2027 and at least every three years thereafter, the Commission shall, taking into account the advice of the Board, monitor progress towards the benchmarks set in Article 5(1), as well as the moderation of the expected increase in Union consumption of critical raw materials referred to in Article 5(2) and publish a report detailing the Union’s progress towards meeting those benchmarks and that moderation.

The report referred to in paragraph 2 shall include:

(a) quantitative information on the extent of the Union’s progress towards the benchmarks and the moderation referred to in Article 5;

(b) a list of Strategic Partnerships concluded between the Union and third countries covering raw materials; and

(c) an assessment of the contribution of the Strategic Partnerships to reaching the benchmark set in Article 5(1), point (b).

For the purposes of this Article, economic operators shall not be required to submit information in addition to the information provided pursuant to Article 21.

To ensure the coherent implementation of this Regulation, the Commission shall monitor the consistency of its actions undertaken to implement it with other Union law. In addition, the Commission shall publish, by 24 May 2025, a report on the consistency of this Regulation with other Union law.

Where, on the basis of the report referred to in paragraph 1, the Commission concludes that the Union is likely not to achieve the aims of Article 5, it shall assess the feasibility and proportionality of proposing measures in order to ensure the achievement of those aims.

The Commission shall request the European Standardisation organisations to develop European standards or European standardisation deliverables to support the objectives of this Regulation.

Article 45

Reporting of Member States

By 24 May 2026 and annually thereafter, Member States shall submit a report to the Commission containing the information referred to in Article 19(5), Article 21(1) and (2), Article 22(1), Article 23(5) and Article 26(6).

Economic operators shall not be required to submit information in addition to the information provided in the context of the provisions listed in the first subparagraph.

The Commission may adopt implementing acts setting out a template for the reports referred to in paragraph 1 of this Article. The template may indicate how the information referred to in paragraph 1 of this Article is to be expressed. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 39(2).

The information contained in the reports referred to in paragraph 1 of this Article shall be subject to Article 46.

Article 46

Handling of confidential information

Information acquired in the course of implementing this Regulation shall be used only for the purposes of this Regulation and shall be protected by the relevant Union and national law.

Member States and the Commission shall ensure the protection of trade and business secrets and other sensitive, confidential and classified information obtained and processed in application of this Regulation, including recommendations and measures to be taken, in accordance with Union and relevant national law.

The Commission and Member States shall ensure that classified information provided or exchanged pursuant to this Regulation is not downgraded or declassified without the prior written consent of the originator in accordance with relevant Union or national law.

Where a Member State considers that the disclosure of aggregated information pursuant to Article 22 is likely to compromise its national security interest, it may, by means of a reasoned notice, object to the Commission’s disclosure of that information.

The Commission and the national authorities, their officials, employees and other persons working under the supervision of those authorities shall ensure the confidentiality of information obtained in carrying out their tasks and activities in accordance with relevant Union or national law. This obligation also applies to all representatives of Member States, observers, experts and other participants attending meetings of the Board pursuant to Article 36.

The Commission shall provide for standardised and secure means for the collation, processing and storage of the information obtained pursuant to this Regulation.

Any obligations on sharing information pursuant to this Regulation shall not apply to data that concerns the essential interests of the Member States’ security or defence.

Article 47

Penalties

By 24 November 2025, Member States shall lay down rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

Article 48

Evaluation

By 24 May 2029, the Commission shall carry out an evaluation of this Regulation in light of the objectives that it pursues and shall present a report thereon to the European Parliament, to the Council and to the European Economic and Social Committee.

The report referred to in paragraph 1 shall at least assess:

(a) the appropriateness of establishing maximum environmental footprint thresholds for critical raw materials for which calculation and verification rules have been adopted as well as the need to further strengthen the critical raw materials supply chains after 2030;

(b) the appropriateness of establishing benchmarks targeting 2040 and 2050 on aggregated level and per strategic raw material;

(c) the consistency between the Union environmental law and this Regulation, in particular in relation to the priority status of the Strategic Projects;

(d) the availability of information on waste volumes and strategic raw material content for relevant waste streams;

(e) the impact of the joint purchasing system set up pursuant to Article 25 on competition in the internal market;

(f) the appropriateness of establishing further measures to increase the collection, sorting and processing of waste, in particular with a view to metal scraps, including ferrous scraps.

The Commission shall, on the basis of the report referred to in paragraph 1, submit, where appropriate, relevant legislative proposals.

Article 49

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

By way of derogation from paragraph 1 of this Article, Articles 40 and 41 shall apply from 24 May 2029.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

Strategic raw materials

Section 1 List of strategic raw materials

The following raw materials shall be considered strategic:

(a) bauxite/alumina/aluminium

(b) bismuth

(d) cobalt

(e) copper

(f) gallium

(g) germanium

(h) lithium — battery grade

(i) magnesium metal

(j) manganese — battery grade

(k) graphite — battery grade

(l) nickel — battery grade

(m) platinum group metals

(n) rare earth elements for permanent magnets (Nd, Pr, Tb, Dy, Gd, Sm, and Ce)

(o) silicon metal

(p) titanium metal

(q) tungsten.

Section 2 Methodology to select strategic raw materials

1.The strategic importance shall be determined on the basis of the relevance of a raw material for the green and digital transition as well as defence and aerospace applications, in accordance with the following criteria:

(a) the amount of strategic technologies using a raw material as an input;

(b) the amount of a raw material needed for manufacturing relevant strategic technologies;

2.The forecasted demand growth (DF/C,τ) shall be calculated as follows:

Image omitted; see official source

where:

DFτ is the global annual demand forecast for a raw material in year τ;

GSτο is the global annual production of a raw material for a reference period τ0.

3.The difficulty of increasing production shall be determined taking into account at least:

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